The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, June 22, 1998 at 7:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Harden presided and called the meeting to order. Upon roll call, the following members were in attendance.
Chris Harden
Mayor
Tom Claybrook Ronald A. Gillham, Sr.
Commissioner Ward 1 Commissioner Ward 2
Carl E. Young Vacant
Commissioner Ward 3 Ward 4
Brad Roach Bob Downing
Commissioner Ward 5 Commissioner Ward 6-Vice Mayor
INVOCATION Carl Young Commissioner Ward 3
FLAG SALUTE Mayor Harden
AGENDA ITEM NO. 1: Consider Approval of Consent Agenda.
a. Acknowledge staff will proceed in the instant meeting with opening and consideration of bids as set forth in Agenda Item No. 14
b. Minutes of June 1, 1998 meeting
c. Transfer of Appropriations in General Fund, Shawnee Municipal Authority, Shawnee Airport Authority, General Liability Reserve Fund, and Capital Improvement Fund
d. Budget Amendment in Workers Compensation, Gifts and Contributions Fund, and Hotel/Motel Surcharge Fund
e. Acknowledge the following reports and minutes:
* Budget Status Report as of May 31, 1998
* City Clerk Report for the month of May 1998
* Building Inspector Report for the month of May 1998
* Police Report for the month of May 1998
* Treasurer Report for the City of Shawnee Sales Tax Receipts for the month of June 1998
* Treasurer Report for the City of Shawnee General Fund Statement of Revenues and Expenditures for the month of May 1998
* Treasurer Report for the City of Shawnee Municipal Authority Statement of Revenues and Expenditures for the month of May 1998
* Treasurer Report for the Shawnee Municipal Authority Analysis of Collections for Water and Sewer for the month of May 1998
* Utility Division Report for the month of May 1998
* Municipal Court Report for the month of May 1998
* Shawnee Community Center Report for the month of May 1998
* Planning Commission minutes of May 13, 1998 meeting
* Sister Cities Council minutes of May 12, 1998 meeting
* Community Service Contracts Review Committee minutes of June 9, 1998 meeting
* Shawnee Public Library Board minutes of May 12, 1998 meeting
* Shawnee Urban Renewal Authority minutes of May 5, 1998 meeting
f. Lakesite Lease Transfers:
Lot 1, Johnston Tract
Fr: Mary L. Squyres To: Jerry & Deborah Roberts
517 Enid Street 18499 SE 15th
Norman, OK Choctaw, OK
Lot 7, Renfro Tract
Fr: Elbert & Carol Loud To: Glenn & Lesalee Hinkle
7313 N Ann Arbor 16005 Patterson Road
Oklahoma City, OK Shawnee, OK
g. Acknowledge the annual budget for the Pioneer Library System for fiscal year 1998-99.
h. Approve renewal contract with the Oklahoma Beagle Club, Inc. for the wildlife habitat program.
i. Approve Oklahoma Municipal Retirement Fund application for retirement pension with lump sum payment for Billy Vern Lynn.
j. Approve Oklahoma Municipal Retirement Fund application for disability retirement for Eddie A. Bristow.
k. Approve lump sum payment for Eddie A. Bristow (Workers’ Compensation Case 97-1243WC Court) .
l. Authorize staff to advertise for bids on Financial Computer Hardware.
m. Authorize staff to advertise for bids on the South I-40 Frontage Road Project.
n. Authorize City Attorney to acquire by purchase right of way on Federal Street Project.
o. Acknowledge thank you letter from Oklahoma Blood Institute to the City of Shawnee for participating in the blood drive on May 22, 1998.
p. Acknowledge receipt of revised 5-year Street Improvement Program. (To be distributed at meeting)
q. Mayor’s Re-appointments:
SHAWNEE LIBRARY BOARD
Re-appoint Nancy Bodard to a three (3) year term to expire 6/30/01
Re-appoint Pattisue Thoman to a three (3) year term to expire 6/30/01
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that Agenda Item No. 1 (a-q), be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 2: Open applications for Ward IV City Commission vacancy.
City Clerk Diana Hallock advised that two applications had been received for the Commissioner Ward IV vacancy and she opened the envelopes and read the following into record:
Ms. Bradie Winrow, 112 North Pesotum, Shawnee
Mr. Wayne Copeland, 308 North Kimberly, Shawnee
Ms. Hallock advised that she would make copies of the applications for each Commissioners’ review in preparation for the interviews and consideration of appointment to fill the vacancy set for July 6, 1998 City Commission meeting.
AGENDA ITEM NO. 3: Consider a resolution amending Resolution No. 5848 to expand the Greater Shawnee Area Convention and Visitor Bureau committee from seven members to nine members.
Mr. Ken Fullbright, Chairman of the Convention & Visitor Bureau, appeared before the Commission to request the approval of the proposed resolution to increase the members on the CVB Board from seven members to nine members.
The purpose of the recommended increase is to include representation from restaurant and small hotel owners. He noted that the City Commission will appoint one member and the Chamber of Commerce will make the other appointment.
Resolution No. 5996 was introduced and the title read aloud.
Resolution No. 5996 entitled “A resolution amending Resolution No. 5950 of the City of Shawnee; changing the number of members of the Tourism Advisory Committee from seven (7) to nine (9); establishing one of the additional appointments be made by the Mayor with City Commission approval and the second appointment made by the Shawnee Chamber of Commerce Executive Board; setting a three (3) year term of office for each new member.”
A motion was made by Commissioner Roach, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Roach, Downing, Claybrook, Gillham, Young, Harden
NAY: None
AGENDA ITEM NO. 4: Consider approval of the 1998-99 Budget for the Shawnee Convention and Visitor Bureau and the Annual Activity Report for FY 1997-98.
Again, Chairman Fullbright of the Shawnee Convention & Visitor Bureau, appeared before the Commission to highlight the various activities that justify the $98,900.00 budget for next year.
He noted that plans for growth include pursuing civic groups and organizations in smaller groups, 300 participants or less, to host events and conventions in Shawnee. He added that in two years another attraction being planned for is a Junior P.G.A. golf tournament.
A motion was made by Commissioner Roach, seconded by Commissioner Gillham, that the 1998-99 budget for the Shawnee Convention and Visitor Bureau and the Annual Activity Report be approved. Motion carried.
AYE: Roach, Gillham, Young, Harden, Downing, Claybrook
NAY: None
AGENDA ITEM NO. 5: Public hearing and consider an ordinance adopting the NFPA National Electric Code, 1996 Edition. (Continued from 5/18/98 and 6/1/98 meetings).
Mayor Harden declared a public hearing in session to consider an ordinance adopting the NFPA National Electric Code, 1996 Edition.
It was noted the Planning Commission and staff recommended approval of the application and there were no formal written protests filed.
Mayor Harden asked if any persons wished to appear in favor of or in protest of said rezoning. No persons appeared and the public hearing was closed.
Community Development Director Bill Colclasure presented a staff report.
After due and careful consideration, Ordinance No. 1885NS was introduced and the title read aloud.
Ordinance No. 1885NS entitled “An ordinance repealing Ordinance No. 1661NS passed and approved on the 18th day of October, 1993, amending Section 7-245, Chapter 7, Article VIII, Amending Section 7-2-85, Chapter 7, Article VIII of the Code of the City of Shawnee, Oklahoma; adopting “The National Electric Code, 1996 Edition”, of the City of Shawnee, Oklahoma; providing for severability; and declaring an emergency.”
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the Title and Sections 1-4 be approved. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that Section 5, the emergency clause, be approved. Motion carried.
AYE: Young, Downing, Gillham, Harden, Roach
NAY: Claybrook
Thereupon Mayor Harden declared Ordinance No. 1885NS duly passed and adopted.
AGENDA ITEM NO. 6: Consider approval of a short form subdivision on property located in the Southwest Quarter of Section 33, Township 11N, Range 4E of the Indian Meridian also known as 4733 North Kickapoo. (Applicant: Warren Thomas for Braum’s).
In consideration of the short form subdivision for the proposed Braum’s Ice Cream Store, Community Development Director Bill Colclasure presented the staff report.
He advised that the drawings on the short form subdivision were in compliance with the Subdivision Regulations and that the Planning Commission and staff recommended approval to the City Commission.
Mr. Colclasure advised that staff had concerns about the proposed driveway affecting the turn lane. He noted that staff was weighing options for a safer drive area.
A motion was made by Commissioner Young, seconded by Commissioner Claybrook, to approve the short form subdivision on property located in the Southwest Quarter of Section 33, Township 11N, Range 4E of the Indian Meridian, also known as 4733 North Kickapoo as submitted by applicant Warren Thomas for Braum’s. Motion carried.
AYE: Young, Claybrook, Gillham, Harden, Roach Downing
NAY: None
AGENDA ITEM NO. 7: Consider approval of a preliminary plat for “The Greens” of the Shawnee Country Club on property located in the 800-1400 Block of North Bryan and the 2300-3500 Block of East Independence. (Applicant: The Highlands, LLC)
The Commission next considered the preliminary plat for “The Greens” Addition provided by Highland LLC for the Shawnee Country Club.
It was noted that the Planning Commission was recommending approval with the exception of Lots 17 and 18, Block 5 and the “Primer Lots” to be private roadways; and the drainage calculations to be provided for the final plat.
Staff member Bill Colclasure presented the preliminary plat with corrections submitted by Highland LLC’s engineer and also recommended approval.
City Engineer John Krywicki informed the Commission that the memorandums from him commenting on certain issues had been addressed by the applicant. He advised that the drainage items had been submitted to FEMA for review and its approval.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the preliminary plat for “The Greens” of the Shawnee Country Club be approved with the exceptions that within the primer lot area that use of private streets be allowed and Lots 17 & 18, Block 5, be permitted to have access upon a collector street. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 8: Consider application for a Family Recreation Center (Putt Putt Golf) located at 4202 North Harrison. (Applicant: Link Cowen).
It was staff’s request that this application be sent to the Planning Department for processing.
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, that the application from Mr. Link Cowen for a family recreation center at 4202 N. Harrison be referred to the Planning Department for processing under the requirements of a Conditional Use
AGENDA ITEM NO. 9: Consider extending the current contract with Browning-Ferris Industries (BFI) for fiscal year 1998-99.
Mr. Roger Bradshaw, BFI Facility Manager, was present to request the BFI waste disposal contract be extended for another year and he explained to the Commission the minor increase in the contract.
He advised that the residential pickup and disposal will increase three cents (3c) a month per household to become effective July 1, 1998. He explained that the increase is based on a 0.3 per cent in the Consumer Price Index (CPI) for this region.
It was noted that staff had recommended approval.
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to extend the current contract with Browning-Ferris Industries (BFI) for the fiscal year 1998-99. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Roach
NAY: None
AGENDA ITEM NO. 10: Consider extending the current contract with Stanley Engineering dba Alpha Analytical Laboratories for water samples for fiscal year 1998-99.
Public Works spokesman, Mr. Randy Brock, Pre-treatment Coordinator, appeared before the Commission to request that the contract with Stanley Engineering be extended for one year.
He advised that staff is pleased with the laboratory services it provides to the City and it has a good working relationship with City staff. He informed the Commission that the services provided are laboratory testing of wastewater samples from the northside and southside pre-treatment plants and industrial discharge.
A motion was made by Commissioner Claybrook, seconded by Commissioner Gillham, to extend the current contract with Stanley Engineering dba Alpha Analytical Laboratories for testing waste water samples for fiscal year 1998-99. Motion carried.
AYE: Claybrook, Gillham, Young, Harden, Downing
NAY: Roach
AGENDA ITEM NO. 11: Consider recommendations from the Community Service Contracts Committee meeting of June 9, 1998.
Mayor Harden asked if anyone would like to address the Commission about the contracts which were being considered for approval.
Appearing before the Commission was Pottawatomie County District Attorney Kay Christiansen requesting renewal of the county’s Narcotics Unit in the amount of $15,000. She advised that the County expects to raise $45,000 to receive Federal matching funds. She noted that the District Attorney’s office is also seeking support from other cities in the District to assist in combating illegal drugs in this District.
No other persons appeared to address the Commission.
a. Request from the District Attorney’s Office for renewal of the Narcotics Unit contract for fiscal year 1998-99.
Recommendation: Approve request for $15,000.00 for fiscal year 1998-99.
b. Request from the Senior Citizens of Shawnee for renewal of contract for fiscal year 1998-99.
Recommendation: Approve request for $42,837.84 for fiscal year 1998-99 and amend contract to provide for participants of City functions to use Senior Citizens restroom facilities.
c. Request from Main Street Program for renewal of contract for $30,000 for fiscal year 1998-99.
Recommendation: Approve request for $30,000.00 for fiscal year 1998-99.
d. Request from Salvation Army Boys and Girls Club for renewal of contract for fiscal year 1998-99.
Recommendation: Approve request for $8,000.00 for fiscal year 1998-99 and continue to phase out program over the next three (3) years.
e. Request from American Legion for renewal of contract for fiscal year 1998-99.
Recommendation: Approve request for $1,000.00 for fiscal year 1998-99.
f. Request from South Central Industries for renewal of contract for parks maintenance for fiscal year 1998-99.
Recommendation: Approve request for $1,875.00 per month for fiscal year 1998-99.
g. Request from Faith 7 Activity Center for assistance in purchasing a new baler/fluffer for newspapers at a cost of $19,545.00.
Recommendation: To deny request.
h. Request from Action, Inc. for renewal of contracts for the Municipal Auditorium and Shawnee Community Center for fiscal year 1998-99.
Recommendation: To approve request for Municipal Auditorium and Shawnee Community Center for $43,300.00 and the custodial services for $19,308.00 for fiscal year 1998-99.
i. Request from Action, Inc. for renewal of contract for Tic Tac for fiscal year 1998-99.
Recommendation: To approve request for $39,000.00 for fiscal year 1998-99.
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to approve the recommendations from the Community Service Contracts Committee for fiscal year 1998-99 contracts as listed. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
AGENDA ITEM NO. 12: Consider contract between the City of Shawnee and the International Association of Firefighters, Local #1628 for FY 1998-99 and 1999-2000.
The Commission next considered the contract between the City of Shawnee and the International Association of Firefighters, Local #1628 for a two year contract.
At this time, City Manager Terry Powell reported that the negotiations on the contract went very well. He gave a brief overview of the items negotiated over the two-year period which will include a 3.5% cost of living adjustment, and other increased benefits such as health insurance, physical fitness and safety incentives.
Appearing on behalf of the Firefighters Union was Batallion Chief Chalk Norton, former union president, expressing gratitude to City Commission and staff, especially City Manager Terry Powell and the negotiating team, for the harmonious labor-management relations that have been established.
A motion was made by Commissioner Gillham, seconded by Commissioner Roach, to approve the contract between the City of Shawnee and the International Association of Firefighters, Local #1628 for
Concluding this item, Commissioner Gillham gave a brief statement thanking the negotiating teams, labor and management, for reaching an amicable contract.
AGENDA ITEM NO. 13: Consider a resolution adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 1998 through June 30, 1999 finding all things requisite and necessary have been done in preparation and presentation of said budget.
The Commission next considered adoption of the City of Shawnee budget for fiscal year 1998-99 as presented by City Manager Terry Powell. The public hearing was conducted on June 1, 1998.
Before the resolution was considered, Commissioner Claybrook had concerns about the fund balance reserve falling short of policy requirements this year and he questioned how the City can remedy this situation in order fulfill the goals established. He also had questions about the Civic and Cultural Development Authority’s budget.
City Manager Terry Powell and Budget and Financial Director Jim Wilsie addressed the concerns and they advised the Commission that staff would be reviewing options to meet the fund balance requirement and recommendations would be brought back to the Commission for its consideration.
In regards to the Civic and Cultural Development Authority’s budget, City Manager Terry Powell informed that he would have Mr. Ken Etchieson, Manger of the Exposition Center, to give a report at the next meeting.
Resolution No. 5997 was introduced and the title read aloud.
Resolution No. 5997 entitled “A resolution approving and adopting the budget for the City of Shawnee, Oklahoma for the period July 1, 1998 through June 30, 1999 finding all things requisite and necessary have been done in preparation and presentation of said budget.”
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, that the Title and Resolution be approved. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Roach
NAY: None
AGENDA ITEM NO. 14: Consider Bids.
a. Aggregate Materials Twelve Month Bid for fiscal year 1998-99 (award)
A motion was made by Commissioner Claybrook, seconded by Commissioner Young, to accept Public Works Director James Cole’s
recommendation to purchase and transport aggregate materials from Dolese quarry in Davis; Meridian quarry in Mill Creek; and the Quapaw quarry in Stillwater as the lowest and best prices for fiscal year 1998-99. Motion carried.
AYE: Claybrook, Young, Harden, Roach, Downing, Gillham
NAY: None
b. Hauling and Unloading Aggregate Materials Twelve Month Bid for fiscal year 1998-99 (award)
A motion was made by Vice Mayor Downing, seconded by Commissioner Young, to accept Public Works Director James Cole’s recommendation that L & D Trucking of Stonewall be awarded the contract for hauling all rip rap materials and all aggregates to the Shawnee Twin Lake area; and Byron Cole Trucking of Asher be awarded the contract for hauling and unloading aggregate to the Public Works Service Center yard. Motion carried.
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
c. Asphaltic Concrete Type A, B, & C Twelve Month Bid for fiscal year 1998-99 (award)
A motion was made by Commissioner Young, seconded by Vice Mayor Downing, to accept Public Works Director James Cole’s recommendation to award the Asphaltic Concrete Type A, B, & C twelve month bid for fiscal year 1998-99 to T. J. Campbell Construction as the best bid and when hot mix is not available from T. J. Campbell, that purchases from Shears Construction be authorized to prevent unnecessary delays. Motion carried.
AYE: Young, Downing, Claybrook, Gillham, Harden, Roach
NAY: None
d. Document Imaging System (open)
The bids were opened, read aloud and found to be as follows:
BIDDER AMOUNT
Advanced Image Systems, Inc. $34,490.00
Critical Technologies $57,950.00
Don’s Copies Plus $22,995.00
Finley & Cook, CPA’s $27,104.00
Laser Fiche, Inc. $34,710.00
A motion was made by Commissioner Gillham, seconded by Vice Mayor Downing, to accept Jim Wilsie’s recommendation to refer the bids to staff for review and a recommendation at the July 20, 1998 City Commission meeting. Motion carried.
AYE: Gillham, Downing, Claybrook, Young, Harden, Roach
NAY: None
AGENDA ITEM NO. 15: Citizens Participation (A five minute limit per person) (A fifteen minute limit per topic).
Under Citizens Participation, the following persons appeared:
Mr. George Newman, requested to waive City Code regarding boathouses and asked permission to build a floating boat dock at his Shawnee lakesite property.
Mr. Bill Shields, Action, Inc., reported that summer programs at the Community Center was operating well; and he requested the Commission to consider a “guidance” committee.
Ms. Charlotte Patterson, President of Downtown Shawnee, Inc., expressed appreciation to the City Commission for the contract renewal.
Mr. Wilson Baptist, Downtown Shawnee Board member, first thanked the Commission for renewing the Downtown contract and he recommended Ms. Bradie Winrow for the vacant Ward 4 City Commission seat.
AGENDA ITEM NO. 16: Administrative Reports.
There were no Administrative Reports given.
AGENDA ITEM NO. 17: New Business.
Under New Business, Commissioner Roach commented and expressed concern if whether the City had a contingency plan for the computer systems changeover in the year 2000.
In response, Mr. Jim Wilsie, Budget and Financial Director, assured the Commission that the City was preparing for the change and updating software and replacing equipment had begun to deal with the millennium.
AGENDA ITEM NO. 18: Adjournment.
There being no further business to come before the meeting, a motion was made by Vice Mayor Downing, seconded by Commissioner Young, that the meeting be adjourned. Motion carried. (9:05 p.m.)
AYE: Downing, Young, Harden, Roach, Claybrook, Gillham
NAY: None
______________________________
MAYOR
(SEAL)
ATTEST:
______________________________
CITY CLERK
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